In Sarasota, Florida, Judge Donna Pader Berlin slammed the foreclosure door on Washington Mutual Bank in a mortgage foreclosure case. As a foreclosure defense attorney, I love reading about cases like this, because Judge Pader Berlin gets it. She was able to see the mortgage company’s game, and she put them on the defensive.

On March 6, 2009, Judge Donna Pader Berlin issued an Order Canceling Foreclosure Sale and Enjoining Plaintiff From Applying for Sale Date. In this case, it seems that the Plaintiff, WAMU, and the Defendant (who I shall not name to respect privacy) were in conversations to modify the mortgage. At the same time, the attorneys representing WAMU were moving the case forward through the court system.

The attorney representing WAMU is from the Florida Default Law Group. The Florida Default Law Group is one of the foreclosure mills in the State of Florida. They pursue thousands of foreclosures each month. This is one foreclosure that will not be pursued for a while.

The Judge entered an Order on February 6, 2009 setting aside a final judgment of foreclosure because of excusable neglect. It seems that the defendant didn’t take actions in the Court to defend herself because of the ongoing mortgage modification negotiations. Despite that the foreclosure judgment was set aside, it appears that the Florida Default Law Group asked to set a sale date and received a sale date of March 30, 2009. Bear in mind that there is no final judgment at this point.

In the Order dated March 6, 2009, the Judge enjoined the plaintiff, WAMU, from applying for another sale date until they receive a final judgment from the Court. If WAMU chooses to violate the March 6, 2009 Order, the Judge may impose sanctions. I wonder how the attorney from Florida Default Law Group explained that one to WAMU. Yes, we made a big mistake, and we are sorry that the Judge is extremely upset with you.

Carmen Dellutri is a proud member of the Florida Bar, and he is a Board Certified Consumer Bankruptcy Attorney, Certified by the American Board of Certification. He practices in the areas of Consumer Bankruptcy and Plaintiff's Personal Injury. He is the principal attorney at The Dellutri Law Group, P.A. The firm supports many charitable and civic causes by donating time and much needed capital to our community. Mr. Dellutri and the other attorneys in the firm routinely speak to students of all ages about various legal and societal issues.